Florida Statute 944.405 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 944
STATE CORRECTIONAL SYSTEM

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944.405 Warrant for retaking offender who has escaped from custody or absconded from rehabilitative community reentry program, or who is ineligible for release.—

(1) If there is reasonable justification to believe that an offender has escaped from the custody of the department or has absconded from a rehabilitative community reentry program before the offender has satisfied his or her sentence or combined sentences, or if it is determined an offender was released in error, or if it is subsequently determined the offender was statutorily ineligible for release, the secretary of the department or the secretary’s designated representative may issue a warrant for retaking the offender into custody until he or she has served the remainder of the sentence or combined sentences.

(2) An offender who is arrested as provided in subsection (1) is ineligible for bond, bail, or release on his or her own recognizance.

(3) A warrant issued under subsection (1) is in effect until the offender has been returned to the custody of the department, or until the sentence is deemed satisfied, whichever occurs first.

(4) The issuance of a warrant pursuant to this section does not negate or interfere with the right to issuance of a warrant under any other provision of law.

History.—s. 1, ch. 87-211; s. 51, ch. 91-110; s. 34, ch. 93-406; s. 1650, ch. 97-102.

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Amendments to 944.405

Annotations, Discussions, Cases:

Cases Citing Statute 944.405

Total Results: 3 | Sort by: Relevance | Newest First

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Waite v. Singletary, 632 So. 2d 192 (Fla. 3d DCA 1994).

Cited 2 times | Published | Florida 3rd District Court of Appeal | 1994 WL 45265

...he prisoner is at liberty, and the prisoner's sentence must be credited with that time. Carson v. State, 489 So.2d 1236, 1238 (Fla. 2d DCA 1986) (citations omitted); accord Sutton v. Department of Corrections, 531 So.2d 1009 (Fla. 1st DCA 1988); cf. § 944.405, Fla....

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Gaines v. Florida Parole Comm'n, 962 So. 2d 1040 (Fla. 1st DCA 2007).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2007 WL 2301275

...o Drumwright v. State, 572 So.2d 1029, 1031 (Fla. 5th DCA 1991) (citing Pearlman for the proposition that "the sentence of a prisoner who is discharged without contributing fault continues to run while he is at liberty."). In terms of statutory law, section 944.405(1), Florida Statutes, provides in relevant part that if it is determined that an offender was released in error, DOC may issue a warrant "for retaking the offender into custody until he or she has served the remainder of the sentence...

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Cespedes v. State, 17 So. 3d 302 (Fla. 4th DCA 2009).

Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 1493, 2009 WL 264105

..., more than 175 days after his arrest, he was entitled to be discharged. State v. Williams, 791 So.2d 1088 (Fla.2001); Walden v. State, 979 So.2d 1206 (Fla. 4th DCA 2008). The state also has presented no authority that the legislature's enactment of section 944.405, Florida Statutes (2008), allowing the department to issue a fugitive warrant, has the effect of changing this result when it is the department's fugitive warrant for *304 escape that gave the law enforcement officer probable cause to arrest for escape....

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